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'Thief 'committed' to rehab, wants a family and picket fence

The problem with being a pinball is “you don’t get to win the big prize.”

That was the observation Justice Lawrence Klein made Tuesday in sentencing a North Bay man to a 12-month conditional sentence for a series of thefts from Walmart in December.

James Mitchell, 26, pleaded guilty to theft, obstructing a peace officer and two counts of failing to comply with court orders in Ontario Court of Justice in North Bay.

“You are like a pinball,” Klein noted, “bouncing around with no direction.”

Mitchell was on probation when he went into Walmart on several occasions in December, filling two gym bags with items from the electronics department before leaving the store.

On the final occasion, on Dec. 26, he was confronted by a staff member, dropped the bags and fled on foot.

Court was told Mitchell has been “involved with the criminal justice system virtually his whole (adult) life,” with his first criminal charges laid when he was 15 years old.

He had been raised by his father and grandfather after his mother left the family when he was young. When she returned, court was told, “she had significant addiction issues” and introduced him to drugs.

Crown attorney Andrew Lawson had requested a custodial sentence of 60 days, saying that in this case, a conditional sentence was “not appropriate.

“He has done nothing to indicate a willingness to follow the orders of the court,” Lawson said, pointing to a long criminal record for someone of his age.

“Previous attempts at conditional sentences have been granted, but have not been of assistance,” he said, calling for “a short, sharp sentence” so Mitchell and others “could see there are consequences to their actions.”

Elizabeth Warren, representing Mitchell, noted that her client was on the intake list at a residential rehabilitation centre, and had been on that list for six months waiting for a space.

She said Mitchell was “committed to rehabilitation” and has the support of his father during his recovery process.

In a statement to the court, Mitchell said he was “extremely embarrassed and ashamed” for his actions and has been unsuccessful in his fight against drugs.

“I’m afraid I will miss the opportunity to attend the program,” and said he was “extremely sorry for letting the court down.”

“You didn’t let me down,” Klein noted. “The only person you let down was you. Don’t apologize to me for being here.”

Mitchell said the rehabilitation program “means a lot to me,” and believes it will reunite him with his family.

“I’m not just trying to get out of jail,” he said. “I do need to recover. I need this program more than anything. I don’t want to be a junkie. I don’t want to steal. I want to have a job. I want to have a family. I want to have a picket fence.”

Klein noted that conditional sentences have come under a lot of fire over the years, with many critics saying those who impose them are “soft on crime.

“You are a gold-plated pain in the derriere to the community,” he said, with his addictions leading to a series of petty crimes to feed his addictions.

“The old method to just lock you up doesn’t work,” Klein said, saying the new method is to help address a person’s addictions.

“This is the most difficult decision you will ever make,” he said. “It will take courage. It will take focus.”

And it is not something he can achieve on his own.

The first six months of the conditional sentence will be house arrest with exceptions for treatment and other necessities, while the last six months will feature an overnight curfew.

“It’s heavy on the rehabilitation side, with a bit of a punch on the deterrence side,” Klein noted.